Law and the Wearing of Religious Symbols: Review of European Bans on the Wearing of Religious Symbols in Education, by Erica Howard, Routledge 2012

International Journal of Discrimination and the Law 2012 12: 243

9 Pages Posted: 6 Jul 2015

See all articles by Myriam Hunter-Henin

Myriam Hunter-Henin

University College London - Faculty of Laws

Date Written: September 24, 2012

Abstract

The conclusion reached by the author, whereby the chosen legal basis and the court that applies it do not matter may therefore need some nuance. In turn, this shows that “legal cultures” of particular courts and particular jurisdictions – albeit not set in stone - may not be dismissed entirely. If subtle cultural variations cannot be avoided, so can one not ignore the need to search for conciliation through more and better use of proportionality tests and negotiation processes. Erica Howard proposes exactly that: a strict and well balanced test susceptible to increase harmony, integration and autonomy in educational institutions across Europe.

Keywords: religious symbols, right of accommodation, proportionality, comparative law

Suggested Citation

Hunter-Henin, Myriam Caroline, Law and the Wearing of Religious Symbols: Review of European Bans on the Wearing of Religious Symbols in Education, by Erica Howard, Routledge 2012 (September 24, 2012). International Journal of Discrimination and the Law 2012 12: 243. Available at SSRN: https://ssrn.com/abstract=2626042

Myriam Caroline Hunter-Henin (Contact Author)

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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